For Plaintiff TracBeam, John Jeffrey (“Jeff”) Eichmann of Dovel & Luner’s Santa Monica Office, disagreed insisting that the supplemental expert reports presented nothing new. He implied that AT&T was playing strategic discovery games in hopes of delaying trial and, potentially, springing new evidence on TracBeam.

Chief Judge Davis granted the motion for a continuance with modifications. He set jury selection for Dec. 9, 2013, not February. He allowed for discovery, including additional time constrained depositions of experts up to three hours and limited any additional required third-party depositions to two hours. He provided AT&T an additional 10 days to file supplemental expert reports.